El Paso cartel shooting: Juan Gerardo Gracia Jr. acquitted in killing

Juan Gerardo Garcia Jr., center in back listens as his attorney, Matthew DeKoatz, left, addresses the jury during final arguements in his trial in 210tn Distict Court Tuesday. To his right is defense attorney is Ruben Morales. Rudy Gutierrez/El Paso Times (RG)

A 19-year-old man accused of participating in a plot to kill a member of the Juárez cartel in 2009 in El Paso was acquitted Tuesday after a week-long trial.

Juan Gerardo Gracia Jr. had been charged with capital murder in the death of Jose Daniel Gonzalez-Galeana, who was shot eight times in front of his home on Pony Trail Place in East El Paso on May 15, 2009.

Gonzalez-Galeana's death is the first documented cartel-related slaying in El Paso since the drug wars in Juárez erupted in 2008, and was often cited by local law enforcement officers as an indicator of spillover violence.

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Adriana M. Chávez

After 210th District Judge Gonzalo Garcia read the jury's verdict, Gracia's mother, Hilda Perez, began to sob as Gracia's brother, Jose Enriquez, hugged her. Gracia turned toward his family after the verdict was read and smiled.

During Gracia's trial, jurors heard testimony from one of his former best friends, Michael Jackson Apodaca, who claimed Gracia helped plan the shooting under the guidance of Gracia's brother-in-law and alleged Juárez cartel member Ruben Rodriguez Dorado.

Prosecutors also presented evidence that cellphones belonging to Gracia, Apodaca, Rodriguez-Dorado and another co-defendant, Christopher Duran, matched the movements of Gonzalez-Galeana on the night of the shooting.

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During closing arguments Tuesday morning, defense attorneys Ruben Morales and Matthew DeKoatz told jurors that there was no concrete evidence that Gracia participated in the plot to kill Gonzalez-Galeana, and that Gracia's statement to police might have been unlawfully obtained because police didn't notify Perez about Gracia's arrest until several hours later.

Defense attorneys also said that Gracia might have felt coerced into giving a statement because the officers who arrested him, and a municipal court judge who informed Gracia of his Miranda rights, told him a capital murder charge carries a possible death penalty.

Gracia, who was 16 when he was arrested, has been detained for about 3 1/2 years. He was to be released sometime Tuesday evening.

El Paso District Attorney Jaime Esparza declined to comment on the jury's verdict, citing the pending case against Rodriguez-Dorado, in which Garcia imposed a gag order, which prevents lawyers, witnesses and others affiliated with the case from speaking to the news media.

During closing arguments, Assistant District Attorney Denise Butterworth denied any wrongdoing by police in obtaining Gracia's statement, and told jurors Apodaca was telling the truth because "he has everything to lose if he doesn't tell the truth."

In exchange for his testimony, prosecutors made a tentative plea agreement with Apodaca. If he testifies truthfully against Gracia and other co-defendants, the state will recommend Apodaca be found guilty of murder and sentenced to life in prison with the possibility of parole.

Duran made a similar agreement with prosecutors, who will recommend he serve 25 years on a murder charge if he also complies with the terms of his plea agreement. He did not testify against Gracia.

"Obviously we're very happy with the jury's verdict," Morales said. "Mr. Gracia is very grateful."

Morales attributed the jury's verdict to a lack of strong evidence against Gracia. During closing arguments, Morales told jurors he believed Apodaca was lying during his testimony and called Apodaca "a coldblooded killer."

"Justice was done," Perez told reporters outside of the courtroom. "He was a child when this happened, and he was innocent of everything. I don't think this will happen again."

Perez said one of Gracia's goals is to become a criminal defense lawyer.

Enriquez also told reporters he was happy with the verdict, which will allow Gracia to help care for his young daughter.

"He is going to be the best dad," Enriquez said. "I'm glad the jury made the right decision."

Apodaca testified that he shot Gonzalez-Galeana eight times at close range with a .45-caliber handgun and was paid $7,500. Apodaca also testified the four men met in a home in Central El Paso to plan the killing. At time of the shooting, Apodaca testified, he and Duran drove to Gonzalez-Galeana's East Side home and he shot when Gonzalez-Galeana got out of a pickup. He said he and Duran then drove away.

Juror's deliberated less than three hours before reaching a verdict.

Adriana M. Chávez may be reached at achavez@elpasotimes.com; 546-6117. Follow her on Twitter @AChavezEPTimes